--- title: "Ad Law News and Views - December 12, 2018" date: 2018-12-12T00:00:00-05:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/newsletters/ad-law-news-and-views/ad-law-news-and-views-december-12-2018" section: Newsletter Issues --- # Ad Law News and Views - December 12, 2018 December 12, 2018 [“### RECENT NEWS #### [FTC Testimony Signals Possible Increase in ​“Made in USA” Advertising Scrutiny](%5C) #### [Consumer Perception Surveys in NAD Cases](%5C) #### [Senate Confirms Kathleen Kraninger as CFPB Director](%5C) #### [NAD Finds Line Claims in Charter Commercial](%5C) #### [Kelley Drye’s Ad Law Access Blog Chosen As One of the ABA Journal’s Web 100](%5C) #### [DC District Court Holds that eBay Can’t Compel Arbitration Based on Later-Amended Terms](%5C) #### [FTC Settlement Addresses Influencers and Native Ads](%5C) #### [Company Sues Influencer for Failing to Influence](%5C) #### [Inside the TCPA, Episode 4: FCC Enforcement and the Policy Puzzle](%5C) ### STAY CONNECTED IN 2018 BY SUBSCRIBING TO THE [AD LAW ACCESS BLOG](%5C) BY [EMAIL](%5C) OR [RSS FEED](%5C). ### ANALYSIS **[What The FTC Said About Direct Selling In 2018](%5C)** Earlier this year, the Federal Trade Commission released new business guidance for direct sellers and multilevel marketers describing the legal principles that it will apply when evaluating practices under the FTC Act. Law360 published the article ​“What The FTC Said About Direct Selling In 2018,” co-authored by partner **[John Villafranco](%5C)** and senior associate [**Donnelly McDowell.**](%5C) The article discusses the FTC guidance along with recent enforcement actions and staff comments, and poses seven questions direct sellers and multilevel marketers should consider as we close out 2018 and look toward the future. [**READ MORE**](%5C) **[TCPA FCC Petitions Tracker](%5C)** Kelley Drye’s Communications Practice Group presents this tracker of active Telephone Consumer Protection Act (“TCPA”) petitions before the Federal Communications Commission (“FCC”). With the recent increase in litigation regarding alleged violations of the TCPA, many issues relating to the interpretation of the statute have been presented to the FCC by impacted parties. These petitions can be primary jurisdiction referrals or be presented directly by a litigant in a TCPA action. The FCC currently has a number of petitions pending related to TCPA interpretation. **[READ MORE](%5C)** ### UPCOMING EVENTS AND SPEECHES **[IN FASHION: Kelley Drye’s 5th Annual Fashion and Retail Law Summit](%5C)** January 17, 2019”,“NEW YORK, NY Kelley Drye & Warren LLP [**Major Challenges on the Privacy and Data Protection Front**](%5C) February 5, 2019”,“NASHVILLE, TN Consumer Protection Conference [Dana Rosenfeld](%5C) **[Living in the Modern World: What to Expect Following the FTC’s Hearings on Competition and Consumer Protection in the 21st Century](%5C)** February 5, 2019”,“NASHVILLE, TN Consumer Protection Conference [Alysa Hutnik](%5C) **[Trust the Process? The Challenger’s Perspective to Policing Competitors’ Advertising Claims](%5C)** March 19, 2019”,“WASHINGTON, D.C. 2019 ANA Advertising Law & Public Policy Conference [John Villafranco](%5C)”] - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/ad-law-news-and-views-december-12-2018-20230913222829.pdf) ### Related Services - [General Data Protection Regulation (GDPR)](https://www.kelleydrye.com/trending/general-data-protection-regulation-gdpr) - [Dietary Supplements and Functional Foods](https://www.kelleydrye.com/industries/dietary-supplements-and-functional-foods) - [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing) - [Antitrust](https://www.kelleydrye.com/practices/antitrust) - [Privacy and Information Security](https://www.kelleydrye.com/practices/privacy-and-information-security) - [Food and Drug](https://www.kelleydrye.com/industries/food-and-drug)